Can a plant grower bring an action against a nursery for failing to counterclaim in a prior claim?

It has been held that even where the same parties are involved, the requirements of the statute are not necessarily met. In Posz v. Burchell, supra, the court held that a grower's action against a nursery for negligence in storing and delivering a damaged stock of plants in 1954 was not barred by his failure to counterclaim in the nursery's prior action against him to recover the balance due on stock sold to him by the nursery in 1955. The court held (at 339, 25 Cal.Rptr. 896) that the two claims [245 Cal.App.2d 67] were separate transactions within the meaning of section 439 of the Code of Civil Procedure.